Professional Documents
Culture Documents
On
Environmental laws in developed and developing countries and
its enforcement
Submitted to:
Zakia Sultana
Lecturer, Department of Environmental Science and Disaster Management
Submitted by:
16ESD025
4th Year, 1st Semester
Department of Environmental Science and Disaster Management
Table of Contents
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1. Introduction…………………………………………………………………………..3-4
10. Conclusion…………………………………………………………………………..23-24
11. References…………………………………………………………………………...24-25
1. Introduction
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Economic activities are closely linked to real-world environmental issues. Economic
activities can improve or damage environmental quality, which in turn may facilitate or
impede economic operations. Currently, environmental protection and sustainable
development have permeated every aspect of human social and economic activities.
Developing countries, whose economic development and technological levels are relatively
low, are facing a dilemma. On the one hand, due to the significant role of industrialization in
promoting economic growth, these countries urgently need to develop new industry.
However, because they are limited by their technological level, capital strength and human
capital, ‘pollution-intensive’ industries are their first choice, with the consequence of huge
costs to the environment. When facing the choice between economic development and
environmental protection, the former gets preference due to the ‘common view’ that firms
have already made an optimum choice in real economic activity, where the implementation of
environmental regulations will increase the cost of production, thus impeding
competitiveness and economic development (Denison 1979; Gollop and Roberts 1983).
Furthermore, developing countries assume that their ‘pollution-intensive’ industries will be
negatively affected by an increase of stringent environmental regulations. Besides this,
environmental regulations in developed countries always tend to be more stringent than those
in developing countries, which leads public opinion to be sensitive to the potentially negative
effects of environmental policy on international trade and industrial competitiveness (IC).
In this light, academics and policymakers pay significant attention to questions pertaining the
adoption of stringent environmental regulations and whether this will hinder industrial and
national competitiveness (Wallace 1995). The enforcement of environmental laws is not a
new problem. Many countries and numerous organizations, both domestic and international,
have been debating this problem for years (Hamamoto,2006). However, with the continued
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growth of economies all over the world, environmental protection has been pushed to the
forefront of international affairs.
Environment enters as an input into the production function of many goods. For example,
steel cannot be manufactured without using environment as a dumping ground for pollution.
Let E denote the input of environment into the production function, the production function
now becomes-
Y = Af (K, L E) … … … … … … … (1)
If the firm uses a little E, that is equivalent to disposing only a small amount of pollution; a
large E would correspond to dumping a large amount of pollution. Production of output now
involves L, K and E, representing labour, capital and environment respectively. If the
environment is cheap to use (no regulation or low level of regulation) firms will tend to use a
good deal of E. On the other hand if environment becomes more expensive to use (tight
regulation or high Pigouvian fee) firms would substitute other factors, such as capital, in
place of E.
The famous Say’s law states that production is for consumption. Hence not only production
but consumption also contributes towards pollution. Thus, this make production the
primary and consumption the secondary source of pollution as one can consume what is
produced first. The following figure provides sub-heads under the main production and
consumption heads.
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Production is treated as the primary cause of pollution, as it involves the whole cycle of
extracting and processing natural resources and then manufacturing and selling processed
goods. Manufacturing industries, power generation, road, rail and air transport and
agriculture and timber production are the major polluting production sectors which can
further be segmented down into many other industries/sub-industries. The secondary source
of pollution is consumption, refers to consumption by residential, commercial and social
sectors which utilise the goods offered by the production side. Hence any industry belonging
to either production or consumption plays its part in polluting the environment. The Figure 2,
further, tell us that the pollution generated by production—consumption process was
partially recycled to some extent, not fully, and the rest was dumped to pollute the
physical environment. Environmental Pollution is mainly divided into three components,
air pollution, noise pollution and water pollution.
The best way to evaluate effects of environmental pollution over human environment
is to compare it with the well known human development index (HDI) which is
designed to account for the basic yardstick indicators of living standard prevailing in a
country. HDI is a composite index of human development that includes income (GNI),
education and health. Pollution is the cost of economic growth via increased
industrialization especially in developing countries where environmental laws usually do not
exist or are relatively less strict. Hence growth and pollution are positively linked in
developing countries expectedly. Low educational attainment is usually associated with
high polluting countries. Finally, countries with high pollution level experiences low
health conditions and deteriorated health indicators (Naveed et al. 2013). Thus on overall
basis, HDI index is expected to be inversely related to pollution levels prevailing in a nation.
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3. Environmental Issues in Developing Countries
Since Bangladesh is a developing or emerging country, in this paper Bangladesh has been
used to represent all developing countries. Bangladesh government has addressed 15 broad
sectors to address overall environmental issues. These are agriculture, industry, health,
energy, water development, Flood Control and Irrigation Land Forest, Wild Life and
Biodiversity, Fisheries and Livestock, Marine Environment Coastal and Marine Environment
Communication and Transportation Housing and urbanization Population Education and
public Awareness Science, Technology and Research Science, Technology and Research.
At the present time, environment is faced with such kind of problem, these are acute problem
in Bangladesh, and briefly these are discussed below-
(a) Air Pollution: Air pollution influence total environment by providing chief availability
of air polluting energy. The impact of air pollution results in asthma, cancer and lung disease,
poisonous blood, vertigo, vomiting tendency, child mortality , tiredness and irritation.
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decreased rate of production of micro organism in water, direct injection of infectious agent
through fish in human body and decrease of oxygen in water.
(c) Deforestation: The percentage of forest land is declining. The impacts of deforestation
are desertification, global warming, increased rate of lung
disease because of high level of CO2 at atmosphere, loss of animal biodiversity, groundwater
level has gone down, natural production of plants is obstructed and largescale extinctions of
medicinal plants.
(d) Sound Pollution: Sound pollution is increasing with the increasing number of transport,
increasing use of radio, television and sound box, use of mike in meeting and procession.
Sound pollution results in heart attack, risk of high blood pressure, hit on ear drum, tiredness,
negative impact on children, headache, brain stress or emotional stress and lack of
concentration.
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Bangladesh National Environment Policy approved in May 1992.
(a) Key elements of the Environment Policy are maintenance of the ecological balance and
overall progress, maintenance of the ecological balance and overall progress and
development of the country through protection and improvement of the environment and
improvement of the environment, Protection of the country against natural disasters.
(b) Identification and regulation of all types of activities which identification and regulation
of all types of activities which pollute and degrade the environment.
(c) Ensuring proper environment impact assessment prior to undertaking of industrial and
sustainable use of all natural resources.
(d) Environmental activities encompass all geographical regions and development sectorsof
the country.
The policy recognizes that since global and regional environmental pollution and degradation
affect the nature, environment and resource base of Bangladesh, is essential to have
coordinated vigilance and undertake necessary action programme to address such issues. It is
necessary to undertake activities at local and national level. It is also feasible and essential to
ensure improvement of national environment and thus global environment at large, as well as
environmentally sound and sustainable use of resource through regional and global
cooperation in relevant fields. (Taufiq Akhter)
It was launched in 2000 to create a nationwide, united, and strong civic movement to protect
Bangladesh’s environment. The environment of Bangladesh is deteriorating fast. Urban air
quality is plummeting. Ground water is contaminated. Surface water bodies are getting
polluted, encroached, and degraded. Solid fluid, gaseous, and hazardous wastes are
overflowing. Health conditions are worsening due to pollution. Unless these processes of
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degradation are slowed down and reversed, the country’s economic, social, cultural, and
human progress will be gradually hampered, and Bangladesh will become unlivable in the
long-term.
Forest Policy and Environment Policy of Bangladesh Forest Policy 1979. The main feature of
this 1979 policy - Forests should be carefully preserved and scientifically managed
Government forests should not be used for non - forestry purpose Timber resource should be
increased by establishing large Timber resource should be increased by establishing large
scale plantations Modern technologies should be employed for extraction and utilization of
forest produce Forest based industries should be setup Research, education and training
should be re-organized to meet the scientific, technological and administrative needs of the
country. Forestry sector should be organized and relevant laws should be updated Steps
should be taken to conserve forest and wildlife and utilize the recreational potentiality of the
forestry sector Mass motivation should be initiated and technical assistance extended to those
interested in forestry.
A consultative process is required for integrating environment and climate change issues into
sectoral policies, resources are required for integrating these issues into the sect-oral policies.
Climate change issue is already incorporated in the National Water Policy, which could be
used as an example for other sectoral policies, Non-government research and policy
institutes, academicians, and participation of civil service organizations will make it more
acceptable to society.
For each of the policy and sectors some goals and targets are mentioned. Then the necessary
action plan to achieve these goals and targets are also mentioned here.
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NEMAP (National Environment Management Action): It was developed for a period of
10 years from 1995 to 2005 still likely to have influence in shaping policy directives
regarding the environmental issues.
a) Maintenance of the ecological balance and overall progress and development of the
country through protection and improvement of the environment;
c) Identification and control of all types of activities related to pollution and degradation
of environment;
Agriculture:
Industrial Sector:
a) Steps will be taken to shift the industries located in residential areas to appropriate
locations. Planned industrial zones will be delineated.
b) Industries using heavy metals such as mercury, chromium lead, etc. will be initially
discouraged and finally prohibited
d) To facilitate waste disposal management, ‘waste permit / consent order’ system will
be established in the industrial sector. Recycling will be encouraged
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b) Incorporate environmental issues is health education curriculum
a) Reduce and discourage the use of those fuels which pollute the environment and.
increase the use of environmentally sound and less harmful fuels.
c) Keep the rivers, canals, ponds, lakes, haors (wetland), baors (wetland) and all other
water bodies and water resources free from pollution.
Land:
a) Prevent land erosion, preserve and increase soil fertility, and expand activities for
conservation and environmentally sound management of newly accreted land.
Ensure appropriate environment for the conservation and development of fisheries and
livestock.
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Food:
a) Dispose rotten or harmful food stuff and food crops in an environmentally acceptable
manner.
b) Prohibit import of food items likely to create adverse impact on the environment and
public health.
a) Prevent all internal and external activities polluting the coastal and marine areas.
b) Limit coastal and marine fish catch within tolerable regeneration limits.
a) Ensure that vehicles and people using roads, rails, air and inland waterways do not
pollute the environment and take steps to protect health of the workers running these
transports.
b) Control activities in inland ports and dockyards which cause pollution of water and
the local environment.
a) Integrate environmental considerations into all housing and urban planning activities
and research
Population:
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c) Incorporate environmental issues in all government and non-government program and
also in such program for industrial and commercial worker.
c) All research and development institution will specifically consider programs and
revise them if needed.
Legal Framework:
c) Ensure proper implementation of all relevant laws and regulations and create wide
spread public awareness in this regard.
The environment policy of developed countries are mentioned here. The environment policy
of develop country, North America, Western Europe, Asia Pacific, Australia, Scandinavian
Countries, Nordic Countries, are included.
North American environmental policy provides an overview of how the US, Mexico, and
Canada differ in their environmental management approaches and capacity levels, and how
these differences play into cross-border cooperation on environmental problems. The policies
are following.
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a) To cope with the present situation how to develop the economy, they have found out a
strategy, this is reduction of poverty.
a) Conservation of nature’s vitality and diversity of the environment and try to improve.
c) Sustainable use of natural resources for the purpose of community and country.
d) The decision making process is integrated which is called integrated decision making
Having much achievement for improving the environment of North America, these are also
mentioned.
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Western Europe consists of 9 countries; these countries are Austria, Belgium, France,
Germany, Liechtenstein, Luxembourg, Monaco, Netherlands, and Switzerland. Various
environmental problems are existed here such as air pollution, water pollution, industry, tree
damage, energy production, climate changes etc.
The strategy of this policy is mentioned for easily understanding. It is mentioned in briefly.
d) A safe energy environment ensures for each and every people of this country,
g) Sustainable forests are created by the people so that every people fell equal.
Western European countries are achieved these objectives. These are given below-
3. Improvement of the environment and quality of life are better from before,
9. Global poverty and sustainable development challenges are not challenge here.
10. Prevention and recycling of waste system is good at the present time.
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7.3 Environment Policy of Asia Pacific
The environmental situation are not better from other countries, rapid development has led to
industrial pollution, degradation of natural resources, increasing levels of poverty and
inequitable income distribution.
The government of this country has found out some sector in this environmental issues and
try to develop it.
They find out some sustainable system for improving the condition of environment.
It is necessary for continuous economic, social and cultural progress and enhancement of the
quality of life of Australians, through environmentally sound and sustainable development to
ensure the better life.
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b) Upholding the principles of Ecologically Sustainable Development and
Intergenerational Equity;
Geographically, the Scandinavian Peninsula is the largest peninsula in Europe. There are
some environmental indicators of Scandinavian countries. Those are mentioned here.
a) Waste management.
b) Biodiversity.
d) Energy efficiency.
e) Agriculture.
f) Sustainable development.
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b) Regional responses addressing sustainable development should ensure for every
place.
Environment policy of Nordic countries are developed because of some strategic of this
policy. By finding out some key points these are given.
a) Reduced climate impact to protect the all over the situation of this country.
c) Every people can grow crops for their necessity and they surplus it.
The environment policy of Bangladesh and mentioned developed countries are compared
here for understanding the situation of the environment of Bangladesh and other countries.
All countries policies are not same, having some similarity and dissimilarity, for comparing
it; I have tried to mention some dissimilarity of this country and the situation of this sector.
8.1 Agriculture:
Still today agriculture has major contribution in the gross domestic product of Bangladesh.
This sector is the source of livelihood for a huge number of citizens. But some of the
activities related to this sector have harmful impact on environment. On the other hand
develop countries has no impact in this sector, the agricultural are not huge here like
Bangladesh and they are not depended on.
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8.2 Industrial Sector:
Economic development in free market mechanisms greatly depends on the role and efficiency
of the private sector. But, they have already developed in this sector. Develop and implement
viable models of public-private partnerships for setting up and operating secure landfills,
incinerators, and other appropriate techniques for the treatment and disposal of toxic and
hazardous waste, both industrial and biomedical.
Guidelines for coastal and marine environment in the Environment Policy of Bangladesh and
Australia are very much dissimilar. But European Policy addresses the institutional issue to
address the coastal and marine environment.
Australian and American environment policy do not address housing and urbanization issue
as specific as it is mentioned in the Bangladeshi policy. But this section should provide some
directives about the content and context of the relevant laws and also its effective
implementation.
8.6 Population:
No suggestion is given here about the population control to protect environment. Moreover,
this section should clarify the impact of huge population on environment by comparing it
with the impact of lesser population with higher consumption.
The entire seven environment policies emphasized to the research work, technology and
scientific approach regarding environmental protection and productivity. Following directives
will make this section more specific and purpose oriented.
Sustainable use of natural resources should ensure for all countries for getting a better
environment.
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a) Integrated decision making
c) Decentralization
c) Preventive Action
Both precautionary and preventive approach is needed to handle the pollution and
degradation of the environment.
a) Every country has tried to continue improvement in the quality of the environment
There is no upper limit of the quality of the environment. At the same time it is not possible
to stop pollution totally. Therefore it is needed to adopt the approach of continuous
improvement in the quality of the environment, the policy of every country has tried to clear
it.
Without having commitment to enhance the quality of the environment, no such positive
initiatives will be taken. On the other hand commitment is not enough to ensure the desire
outcome. Therefore accountability of the environment related activities should be ensured.
a) Economic Efficiency
b) Polluter Pays
c) Cost Minimization
d) Equity
For a developing traditional society command and control is the unavoidable mechanism to
ensure environment compliance.
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To prevent the pollution and degradation it is necessary to set some standard so that pollution
and degradation can be measured and can be controlled on the basis of that standard.
Environmental protection is the responsibility of all states. However, the responsibility for
environmental degradation does not fall equally on each state because each state has taken a
different development path causing some states to carry more of the burden of environmental
protection (Grubb et. al, 2002).
States cannot legally intervene in the internal functioning of other states. Sovereign states
have the legal right to further development and to pursue policies that are perceived to be in
their national interest, despite environmental consequences that may extend beyond political
boundaries (Bavaud, 1998).
As stated earlier, states have sovereign rights over their natural resources. As such, each state
controls how its laws are enforced. Even though many governments of Third World countries
are still in the developing stages, other states must respect each country's national sovereignty
and its capacity to enforce its own environmental laws. If industrialized countries are allowed
to enter a Third World country in order to enforce that country's environmental laws, then
state sovereignty will be destroyed. If state sovereignty is destroyed, years of international
customs, treaties and general principles will be seen as invalid.
Since environmental damage in one state can damage the environment of another state, some
kind of enforcement must be established. Instead of trying to enforce the environmental laws
of Third World countries, efforts should be made to help these countries set up agencies
within their own borders to create and enforce environmental regulations.
Many Third World countries are making a conscious effort to enforce their own
environmental regulations. For some countries environmental enforcement is a new concept
because they are used to massive deregulation or no laws at all. This is how most Third
World countries get most of their corporate business. Many corporations set up their business
operations in Third World countries because there is little or no enforcement of
environmental regulations. However, some Third World countries have decided that
corporate dollars are not worth losing their natural resources (Corden, 1994).
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problem. Furthermore, many Third World countries certainly will not allow another country
to enforce their environmental laws. An act of this magnitude may be seen as an attempt to
take over the government of the country, especially in Third World countries with unstable
governments.
Although many international treaties, customs and general principles are not adequate to
handle the world's environmental problems, they may offer hope to some Third World
countries (De Vries et al, 2005). Since many Third World countries are in the initial stages of
creating and enforcing their own environmental regulations, international agreements offer a
framework for these countries to imitate. Furthermore, many international agreements, such
as treaties, also offer Third World countries the ability to enforce environmental laws against
countries that violate international environmental laws. This power further eliminates the
need for other countries to come into Third World countries and attempt to enforce their
environmental laws.
Instead of trying to enforce the environmental laws of Third World countries, developed
countries should create new ways of ensuring that the developmental problems attributed to
Third World countries, such as poverty, are not allowed to cause irreparable damage to the
earth's natural resources.
Another reason that the environmental laws of Third World countries cannot be enforced by
other countries is because the government of each country should be respected and allowed to
deal with its country's problems within its own borders. Many of these countries have science
and technological skills that are equal to those of more industrialized countries. Furthermore,
if industrialized countries are allowed to go into Third World countries and enforce those
countries environmental laws, does that mean Third World countries will be allowed to go
enforce the industrialized countries environmental laws. For many years and even today,
industrialized countries have caused many of the world's environmental problems, yet no
Third World country has been allowed to go into these countries to enforce their
environmental laws.
Many of the environmental problems in Third World countries come from their ties with
industrialized countries. Industrialized countries and many multinational corporations have
been dumping toxic wastes in Third World countries, yet on numerous occasions they have
blamed Third World countries for polluting the environment. Before the world's
environmental problems can be addressed industrialized countries must take responsibility for
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their part in causing the world's environmental problems instead of blaming the Third World
countries. One way industrialized countries can take responsibility is to lead by example. As
many industrialized countries make efforts to slow environmental degradation within their
borders, Third World countries may be compelled to do the same (Jaffe et al, 1995).
In many parts of the world Third World countries are seen as poor little countries strickened
by poverty, illiteracy and corrupt government officials. In many Third World countries this is
true, but many countries have stable governments and are developing at a rapid pace.
Moreover, there are some industrialized countries where poverty, illiteracy and corrupt
government officials are also a problem.
10. Conclusion
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In the process of strengthening the environmental law enforcement mechanism, on one hand,
we should fully mobilize all aspects of environmental law enforcement, such as legislative
bodies and law enforcement agencies, public welfare organizations, television,
newspapers , enterprises, people and so on, all of them should play their own role to make
up a reasonable and organic structure system; on the other hand, various management
means, such as government regulation, legal sanctions, fines, persuasion, denounce, they also
need to form an organic structural system. If regulation and economic incentives failed,
in order not to cause chaos, it is necessary to give full play to the role of public forces
in society, and put this force in a fundamental position. Apart from relying on the automatic
regulation of government control by the "Pigou means" and the market mechanism by the
"Coase means", we should also constantly improve people's environmental awareness
and improve the informal institutions and social mechanism of environmental protection.
References:
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1970’s. Washington, DC: Brookings Institution Press.
7. Grubb M., B. Muller, and L. Butler (2002) The Relationship between Carbon Dioxide
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on the Competitiveness of U.S. Manufacturing. Working Paper 2012-013, MIT Centre for
Energy and Environmental Policy Research.
10. Huq, N. (2008). Bangladesh and Climate Change: Need for a ComprehensiveAdaptive
Strategy. Available from: http://centad.org/climate_change/Climate%20Brief%20-%203.pdf
[Accessed 5th March 2020].
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Bangladesh.Available from: http://www.eldis.org/fulltext/bcaspop.pdf [Accessed 10th March
2010].
14. Naveed, Y. Nawaz, M. Ali, N. Hussain, R. Nawaz, and S. Mushtaq 2013. Industrial Air
Pollution and Its Effects on Human‘s Respiratory System. (A Sociological Study of Bhoun
Shugar Mill District Jhang, Pakistan).
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